Bailey v. Harris
Supreme Court of Iowa
Appeal from the Allamaltee District Court. Risplevin, for blacksmith’s tools. The plaintiff had left the tools in the possession of one Kingsley, with an agreement, “ that if Kingsley should pay to plaintiff, the amount of a certain promissory note, ($60 00), then in the hands of J. T. Clark, the title of said tools was to become’ vested in Kingsley ; if not, the title was to remain in plaintiff.”
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Appeal from the Allamaltee District Court. Risplevin, for blacksmith’s tools. The plaintiff had left the tools in the possession of one Kingsley, with an agreement, “ that if Kingsley should pay to plaintiff, the amount of a certain promissory note, ($60 00), then in the hands of J. T. Clark, the title of said tools was to become’ vested in Kingsley ; if not, the title was to remain in plaintiff.” The note was not paid according to agreement; and Kingsley, soon after, sold and delivered the tools to defendant. The cause was tried by the court; and this being all the evidence, the court ruled…
1Opinion of the Court
Stockton, J.*-
-By the terms of the agreement with Bailey, Kingsley had no right of property in the blacksmith’s tools, until the payment of the note left with Clark. This note not being paid, according to agreement, Kingsley could pass no valid title in the tools to the defendant, and the plaintiff might resume the possession of the property at his option. 1 Parsons on Contracts, 449 and 441.
In Sargent v. Gile, 8 N. H., 325, furniture was delivered to one Wilson, upon a contract that he should keep it six months, and if within that time, he should pay for it, he *333was to have it at cost, but…
2Cases cited2 opinions
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Bigelow v. HuntleySupreme Court of Vermont · 1836
3Cited by14 opinions
- Warner v. JamesonSupreme Court of Iowa · 1879
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- F. P. Gluck Co. v. ThermeSupreme Court of Iowa · 1912
- In Re Pointer Brewing Co.Court of Appeals for the Eighth Circuit · 1939
- Moseley & Bro. v. ShattuckSupreme Court of Iowa · 1876
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